People v. Mullen

730 N.E.2d 545, 313 Ill. App. 3d 718, 246 Ill. Dec. 520, 2000 Ill. App. LEXIS 399
CourtAppellate Court of Illinois
DecidedMay 22, 2000
Docket1-98-1555
StatusPublished
Cited by51 cases

This text of 730 N.E.2d 545 (People v. Mullen) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mullen, 730 N.E.2d 545, 313 Ill. App. 3d 718, 246 Ill. Dec. 520, 2000 Ill. App. LEXIS 399 (Ill. Ct. App. 2000).

Opinion

PRESIDING JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

Defendant, Charles Mullen, and codefendant, Louis Townsend, were charged with first degree murder, aggravated vehicular hijacking, vehicular invasion and armed violence. After a bench trial, both defendants were found guilty of first degree murder and not guilty of all other charges. Herein we address only the appeal of Mullen. Mullen was sentenced to 25 years in the Illinois Department of Corrections. Mullen argues on appeal that the evidence was insufficient to prove him guilty beyond a reasonable doubt, that the trial court improperly admitted evidence of prior consistent statements, and that the trial court improperly excluded testimony of a defense witness. For the following reasons, we affirm.

FACTS

Venus Norfleet testified that on July 16, 1996 she saw a group of 10 to 15 men, including defendant, running after a pickup truck traveling east on Ohio Street. She went back into her apartment building, looked out the window and saw that the truck had collided with her car. She then saw the men drag the victim, Hugo Cariaga, out of the truck. She saw a man in the crowd pull a tool from the victim’s tool belt and begin hitting the victim on the head while the others kicked and hit him. As she watched the beating, she noticed her neighbor Ernell Freeman also watching from in front of his home. She dialed 911, reporting the beating. She saw defendant standing over the victim while codefendant Townsend kicked the victim and another man hit the victim with a baseball bat. As the victim was beaten, one of the men in the crowd got into the victim’s truck and drove away. Defendant and Townsend, together with the rest of the group, walked away. Norfleet denied that she told her neighbor Rosalind Russell that she did not recognize any of the offenders.

Jose Meraz, the victim’s coworker, testified that he had been driving in front of Cariaga when he saw Cariaga pulled from the truck and beaten. Meraz left to get help, and upon returning, the victim was lying facedown on the ground. Paramedics and the police arrived on the scene. Meraz was unable to identify any of the offenders.

Ernell Freeman testified he was in front of his home on Ohio Street when he saw a group, including defendant, running down the street chasing a pickup truck. The truck passed Freeman and hit a parked car. Freeman saw Sam Quinn pounding on the back window and recognized Quinn, the defendant and the others from the neighborhood. They were members of the Gangster Disciples. Freeman stood 10 to 20 feet away and saw the group pull Cariaga out of the truck and begin to hit, kick and beat him. Freeman testified the beating went on for three to four minutes and he watched Mullen, co-defendant Townsend and others kick Cariaga “a bunch” of times. The group of young men walked away together leaving Cariaga lying on the ground, and a black male drove away in Cariaga’s truck. Freeman testified that on May 19, 1997, in the presence of defendant’s cousin, Geraldine Mullen, defendant’s attorney took a statement from him. Freeman, who could not read or write, signed the statement denying that either defendant or codefendant beat the victim. Freeman also testified the signed statement was not true, he did not know why he signed it and he was afraid of Mullen, Mullen’s family and Mullen’s gang affiliation.

Freeman also admitted that he drank a “few” 40-ounce bottles of beer before he witnessed the victim being beaten. He further stated that when defense counsel read the recantation statement to him out loud he agreed with the statement. On redirect, Freeman acknowledged that he saw codefendant Townsend and defendant chasing the victim’s truck. He also acknowledged that, when he testified before the grand jury, he stated that both defendant and codefendant Townsend kicked the victim.

Detective Whalen, within hours of the beating, spoke to Venus Norfleet. She named one of the offenders and told Detective Whalen that Freeman was a witness. Detective Whalen spoke to Freeman a few hours after the beating on July 17, 1996. Freeman recognized co-defendant Townsend’s picture among the photos he was shown. He also named defendant as one of the offenders. The next day, July 18, 1996, both Freeman and Norfleet went to the police station and identified defendant. On July 19, 1996, Freeman and Norfleet returned to the police station and identified codefendant Townsend in a lineup. According to the medical examiner, the victim died as a result of injuries consistent with being struck multiple times with a blunt object and consistent with being kicked multiple times.

Defendant’s grandmother, Odeal Mullen, testified that defendant was on her front porch at 637 North Christiana with his girlfriend when the beating occurred and that a short time later Sam Quinn, Mrs. Mullen’s other grandson, ran into the house with blood on his hands and told her that he had beaten up a man on Spaulding. Anna Mae Mayes, Mrs. Mullen’s neighbor, also testified that defendant was sitting on the front porch with his girlfriend; however, she could not recall what day or week it had been when she saw defendant. Miriam Towns, defendant’s girlfriend, testified that she saw a group of boys, including Sam Quinn, standing on the street corner as she walked to defendant’s house. She stayed on the front porch with defendant and after about 15 minutes she saw the group of boys running down the street but she did not see a pickup truck.

Latasha Morgan, who has known both defendant and codefendant Mullen for her entire life, testified that she saw the events of July 16, 1996, from her front window, which looks out onto Spaulding Avenue. She stated that she saw about 15 people outside, although she could not see what they were doing because they were over a block away. She also conceded that the distance prevented her from recognizing any of the offenders, although she asserted that she saw neither defendant nor Mullen at the scene.

Leroy Johnson testified that he had known Mullen and Townsend for at least 15 years. On July 16, 1996, a truck came “blazing” down Ohio Street. He saw a group of approximately 15 or 20 men “snatch this guy” out of the truck and start “jumping on him.” He stated Townsend and Mullen were not with this group. Johnson admitted that he did not actually witness the pickup truck colliding with the parked cars on Spaulding Avenue and that although he knew the police had arrested Townsend and Mullen, he never came forward to tell the police that they were not involved.

Danette McKinley testified that defendant and Townsend are her friends. She observed the beating from Ohio between Christiana and Spaulding. At first she saw a crowd of people running down Ohio toward Spaulding. She started running along with the crowd but stopped between Christiana Street and Spaulding Avenue and saw a white man on the ground being beaten by a large group of young black men. She did not see either Townsend or Mullen at the scene of the beating. On cross-examination, she stated she did not see a crowd of people chasing the truck down Ohio Street. She also could not recall how many cars were on the street that night or the color of any of the cars. She also did not remember whether she saw some of the other witnesses who testified for defendant at the scene.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. McNece
2026 IL App (5th) 220336-U (Appellate Court of Illinois, 2026)
People v. McKinney
2024 IL App (1st) 220286-U (Appellate Court of Illinois, 2024)
People v. Smith
2023 IL App (1st) 210909-U (Appellate Court of Illinois, 2023)
People v. Walls
2022 IL App (1st) 200167-U (Appellate Court of Illinois, 2022)
People v. Sharp
2021 IL App (1st) 182042-U (Appellate Court of Illinois, 2021)
Johnson v. Greene
N.D. Illinois, 2021
People v. Jenkins
2020 IL App (1st) 181968-U (Appellate Court of Illinois, 2020)
People v. Fillyaw
2018 IL App (2d) 150709 (Appellate Court of Illinois, 2019)
People v. Corral
2019 IL App (1st) 171501 (Appellate Court of Illinois, 2019)
People v. Wilson
2015 IL App (4th) 130512 (Appellate Court of Illinois, 2016)
People v. Short
2014 IL App (1st) 121262 (Appellate Court of Illinois, 2014)
People v. Stolberg
2014 IL App (2d) 130963 (Appellate Court of Illinois, 2014)
People v. Johnson
2013 IL App (1st) 111317 (Appellate Court of Illinois, 2013)
People v. Ruback
2013 IL App (3d) 110256 (Appellate Court of Illinois, 2013)
People v. McCovins
2011 IL App (1st) 81805 (Appellate Court of Illinois, 2011)
People v. Gabriel
Appellate Court of Illinois, 2010
People v. Brant
916 N.E.2d 144 (Appellate Court of Illinois, 2009)
People v. Tatum
906 N.E.2d 695 (Appellate Court of Illinois, 2009)
People v. Rincon
Appellate Court of Illinois, 2008
People v. Walton
Appellate Court of Illinois, 2007

Cite This Page — Counsel Stack

Bluebook (online)
730 N.E.2d 545, 313 Ill. App. 3d 718, 246 Ill. Dec. 520, 2000 Ill. App. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mullen-illappct-2000.